Court : Allahabad
Reported in : (1880)ILR2All497
..... be considered according to the provisions of act x of 1877. the point referred is the subject of the first reason of appeal, and is to the effect that the ..... division bench (spankie, j., and straight, j.) and since it was heard the code of procedure, act x of 1877, has been amended by act xii of 1879 passed on the 29th july 1879, and among other changes made by the amending act a new definition of the term 'decree' has been given. but the suit in the present case having ..... been instituted, and the appeal having been presented, before the amending act came into operation, the present reference must .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC3136
..... 550 sq meter area. nothing amongst these has been considered by respondent no. 2 while deciding the representation.25. that the regulation no. 11 (regarding amendment of the existing map) of new okhla industrial development (preparation and finalisation of plan) area regulations 1991 is complete in itself and has to be construed ..... and 'transparency' also do not appeal to reason or logic which require 'fair' and equal treatment. in fact noida, by treating the petitioner differently has acted against 'transparency'/public interest.'. by treating the petitioner differently, in the instant case, it has jeopardised credibility of noida in the eyes of public. the public ..... aggrieved party and decide the matter consistent with the principles of natural justice.... that authority must genuinely address itself to the matter before it....it must act in good faith, must have regard to all relevant considerations, must not be swayed by irrelevant considerations, must not seek to promote purposes alien .....
Tag this Judgment!Court : Allahabad
Reported in : (1900)ILR22All248
..... this court held that the first court, instead of dismissing the suit, ought, under section 53 of the code of civil procedure, to have returned the plaint for amendment by striking out the names of all the plaintiffs except one, who should be allowed to continue the suit alone. accordingly this court remanded the case under section 562 ..... inability of the court must be either from unavoidable circumstances over which no one has any control, or something incidental to the court itself and quite unconnected with the acts of the parties.' i think that an earlier passage in the same judgment shows that this is too sweeping. as mr. justice jackson himself points out, a ..... learned chief justice. the question which we have to determine is whether the period of the pendency of the former suit should, under section 14 of the limitation act, be excluded in computing the period of limitation for the present suit. if that section applies, it is beyond question that the whole period from the commencement of .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ESC1509
..... that this matter be brought to the notice of hon'ble the chief justice for deliberating upon this issue and for his kind consideration to bring about suitable amendments in the rules empowering the hon'ble chief justice and the high court with powers suitable enough to meet such situations.64. the aforesaid menace of illegal ..... ) scc 593; shiv shankar and ors. v. board of directors, u.p.s.r.t.c. and anr., 1995 supp. (2) scc 726; the bank of maharastra v. race shipping and transport co. (p) ltd. : air1995sc1368 ; commissioner/secretary, government of health & medical education department v. dr. ashok kumar kohli, 1995 suppl (4) scc 214; union of india ..... not only, by operation of the rules but also by declaration of law, stood exhausted. the district judge, therefore, clearly tried to overreach the law and has acted malafidely by issuing such an order. the petitioners (respondents herein), therefore, cannot get any benefit out of the said letter issued by the district judge and consequently, .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(4)AWC3899
..... all, while 14 were transferred, but their transfer orders were subsequently cancelled and they were allowed to stay at the same place and six transfer orders were subsequently amended/modified. the net result is that initially, 79 transfer orders were issued which eventually increased to 118 transfer orders out of which, 39 orders were issued either ..... reasons and six deputy jailors were attached at the same place, though on paper, they stood transferred to another place. not only this, 13 transfer orders were amended. the record reveals that 35 deputy jailors had completed more than six years in a district or ten years in a division and out of these 35 deputy ..... for transfer.26. in view of the aforesaid, it is clear that the state government has not acted in accordance with the transfer policy and has violated it own transfer policy with impunity. the transfer orders has been amended, cancelled at the whims of the local politician who did not want the government employee to be transferred .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(116)FLR1149]
..... filed by the petitioner, the averments of the counter affidavit has been denied and those of writ petition have been reiterated. the labour court found that the amendment made by the state government in the reference was legal and valid. it further found that the delay was condoned by the conciliation board after considering the ..... .4.1987 to the conciliation board on which reference dated 31.3.1989 was made and there being no new material, the state government erred in making the amendment vide order dated 6.9.1989 in the reference. according to the petitioner, sri p.p. arora, the then executive engineer, vide letter dated 20.9. ..... june, 1973, which dispute was referred by the state government under section 4k of the u.p. industrial disputes act, 1947 to the labour court, kanpur for adjudication. the industrial dispute, so referred, was subsequently amended vide order dated 6.9.1989. the following industrial dispute was referred:kya shwayojako dwara apne shramik virendra kumar srivastava .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1751
..... omission by adding a paragraph. this case, therefore, squarely falls under tulsipur sugar (supra). we are of the view that the labour court had the power to amend the award.10. but whether such modification was warranted, is a different question. the next question, therefore, is whether the facts and circumstances warrant grant of backwages, ..... fitment should be effected. the employer fitted the workmen in the new grades prospectively. the employees-union applied under section 6(6) of the act to amend the award on the ground that it had omitted to answer the second question referred to it. the labour court allowed the application and ..... act' for short) seeking corrections of the award, stating that the workman was entitled to reinstatement with continuity of service and full back-wages from 6.4.1977. the appellant resisted the said application contending inter alia that (i) the labour court became functus officio after publication of the award on 27.4.1983 and therefore, it could not amend .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)ARBLR605(All); 2008(1)AWC541
..... authority to make the interest that has been waived, to be given. apart from this, in u. p. para 72 has been added to schedule-a of the arbitration act through amendment and as per the same the arbitrator reserves the absolute authority to give interest. this opinion is confirmed by the opinion of allahabad high court in the matter union of ..... (sic) party u. p. government and in favour of the first party texmaco limited.16. issue no. 3:as per the aforesaid conclusion the award in question with the amendment is fit for being granted the status of order and the objections are fit to be dismissed.hence, the objections are dismissed and the suit is decreed in accordance with ..... the court becomes bound to import the form of order to the arbitrator's award. hence, the responsibility of proving whether the arbitral award is fit to be set aside, amended or returned is on him, who says that in the instant suit, this award is fit to be set aside by filing several objections by the objector u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(2)AWC1715
..... them. it appears that at later stage, the plaintiff impleaded the petitioner as defendant no. 2 and niaz as defendant no. 3 by amendment on 25.7.1991. he also added paragraph 6a by means of amendment to the effect that smt. patraji had sub-let one room to petitioner and the other to niaz, each on monthly rent of ..... on permitted to raise temporary construction, suit not maintainable in j.s.c.c. court. secondly, in uttar pradesh in second schedule to the principle of small causes courts act, 1887 with article 4, the following article was substituted namely 'a suit for possession of immovable or for recovery on an interest in such property, but not including a ..... court by judgment and order dated 18.4.1995 framed the following points for determination.(a) whether the defendant is defaulter under section 20(2)(a) of u.p. act no. 13 of 1972?(b) whether the defendant no. 1 raised structural alteration by diminishing the value and utility of the property disfiguring the same without the consent of .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2561
..... inherent power of the state commission to exercise the power of superintendence, direction and control and there is no requirement for the legislature to amend the adhiniyam by inserting provisions of section 58a of the act 1951, cannot be accepted.34. the society is governed by rule of law and not by rule of thumb or by rule of ..... is permissible in case of death of a candidate of a recognised political party before poll. the said section had undergone an amendment with effect from 01.08.1996 by act no. 21 of 1996. prior to the amendment, election could be countermanded on the death of any candidate. now, it has been restricted to the death of a candidate ..... (2)(b) have also issued a fresh polling programme after extending the date under section 153 and should also have made the necessary amendments to the earlier notification issued under section 30 of the 1951 act.37. it is clear from the above that if a narrower interpretation is given to the words 'countermand the election' occurring in .....
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